State v. Matthews, s. 61139

• Decision Date: 01 June 1992
• Docket Number: Nos. 61139,60434,s. 61139
• Citation: 609 N.E.2d 574,80 Ohio App.3d 409
• Parties: The STATE of Ohio, Appellee, v. MATTHEWS, Appellant. *
• Court: Ohio Court of Appeals

Page 409

80 Ohio App.3d 409

609 N.E.2d 574

The STATE of Ohio, Appellee, v. MATTHEWS, Appellant. ^*

Nos. 61139, 60434.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided June 1, 1992.

Stephanie Tubbs Jones, Pros. Atty., Cleveland, for appellee.

Patrick A. D'Angelo, Cleveland, for appellant.

BLACKMON, Judge.

Appellant, Rasheem Matthews, timely appeals his conviction resulting from a jury trial, for the murder of one Wayne Price. For the reasons set forth below, we affirm.

On or about October 16, 1989, Wayne Price was shot and killed at approximately 2:30 a.m. in the King-Kennedy Housing Projects. Price, his wife, Renee Germany, and a friend named Kenneth Lee rode down to 6200 Scovill Avenue in Cleveland, Ohio. According to Lee's testimony, the purpose of the trip was to purchase some cocaine. When they arrived, Price parked the car just to the right of an alcove or breezeway that lead into a courtyard created by the apartment buildings in the complex.

Apparently, Lee exited the car and proceeded towards the alcove. Renee Germany remained in the car. Price also exited the car but stopped because he encountered an old friend, Theodore Roulette. Although the record was not clear on whether the three men walked through the breezeway into the courtyard together, they all apparently ended up inside the courtyard.

Once inside the courtyard, the men became separated. Lee testified that he lost sight of Price. The testimony of Roulette and Lee indicated that there were between ten and fifteen people in the courtyard, dealing or engaged in drug activity or otherwise standing around.

After some moments elapsed, an egg-throwing incident started. At this point, the testimony of Kenneth Lee and Theodore Roulette varies. Lee had observed Price walk over to a group of seven or eight people before he lost sight of him. Lee further testified that the courtyard was dark and he did not recognize any of the people present. Lee recalled Price making a statement that "I am a forty-something-year-old man. I don't play these games." Lee's testimony characterized this statement and situation as an argument. He testified that when he saw the argument, he started walking back out of the courtyard. As Lee was about to come out of the courtyard, he heard shots fired behind him. Lee took off running. Lee did not learn of Price's death until a few days later. Interestingly, he did not recall Roulette or the encounter between Roulette and Price. Renee Germany did remember Price greeting somebody presumably Roulette that she did not recognize.

Roulette's testimony was that he entered the King-Kennedy Housing Projects to get some syringes from his ex-wife's roommate. He already had some heroin, which he had a lengthy history of abusing along with cocaine. According to Roulette, he had not used the heroin. On the way out of the complex, Roulette encountered the decedent, Wayne Price, who he testified was an old friend that he had not seen in a number of years. After talking for a short time, according to Roulette, he and Price entered the courtyard to see what was taking Lee so long.

Once inside the courtyard, which Roulette testified was illuminated with lights on one side and shadows on the other, Roulette observed between ten and fifteen people, some buying and selling drugs. Roulette testified that as Price was walking over to see what was keeping Lee, Price was struck by an egg. According to him, the eggs were being thrown from a balcony. Roulette testified that at this point there was some conversation that took place between Appellant and Price. He did not see Price do anything aggressive or violent during the conversation. Price was standing in the dirt area of the courtyard, facing Appellant. At this point, gunshots were fired and Roulette observed Price holding the lower part of his body as he spun around. He also observed Appellant with a gun in his hand. In response to the question on direct examination, "who shot him?" Roulette responded "LAJ." ¹ When the shooting took place, Roulette ran from the courtyard through the alcove and left. He likewise did not learn of Price's death until a few days later.

In approximately March 1990, Roulette was arrested and incarcerated in the city of Cleveland jail for theft. While in jail, he encountered a Billy Price, brother of the decedent. Also, in March 1990, Roulette went to the Cleveland Police Department and gave them a complete statement that he had indeed witnessed the murder.

Renee Germany was also called as a witness in the jury trial. She was the decedent's common-law wife. Germany testified that she rode with Price and Lee to the King-Kennedy projects in the early morning hours of October 16, 1989. She testified that upon their arrival, Price and Lee greeted a man that she did not recognize. According to Germany's testimony, Lee proceeded on through the tunnel. Germany could not recall whether the other man, presumably Roulette, entered the tunnel with Price. After about five minutes elapsed, Germany heard gunshots and ducked down inside the car. She remained down in the car until she heard Wayne Price's voice. She peeked out of the car and saw her husband laying in the tunnel with a man standing over him. She heard the decedent say "man, I'm already hit, you don't have to do that." Other than the fact that the person was a man, Germany could not testify as to any of the other details regarding him. The man ran back into the courtyard and then she got out of the car. With the help of someone unidentified, Germany got Price into the car to take him to the hospital. Price was conscious. Germany testified on direct examination that Price said to her "somebody shot me over something silly. Get me to the hospital." On cross-examination, she changed her testimony to reflect that Price said "some silly young nigger shot me."

Charles Paxton also testified for the prosecution. Paxton testified that he was introduced to "LAJ" by two Cuyahoga County Corrections Officers while in jail, who told him to help LAJ out until he got on his feet and that he was a good friend of theirs. When Paxton was introduced to LAJ, he had pleaded to some offenses and was awaiting sentencing.

Paxton testified as to an alleged confession made by appellant. Paxton testified that appellant told him that Wayne Price was not the first guy he had killed in Cleveland. Furthermore, appellant, according to Paxton, told him that he had shot Price twice because he had been bad mouthing him. Appellant also mentioned Price by name according to Paxton. Appellant also told Paxton that he had given drugs to the decedent on credit and the decedent had not paid for them. In addition, appellant allegedly mentioned that a woman named Juanita had witnessed the shooting and if he made bail he would ensure that she would not testify.

Paxton also testified that he had made a lot of phone calls for appellant and tried to arrange a bond on his behalf. In exchange for the bond, appellant assured Paxton that he would do something for him. According to Paxton's testimony, prior to trial, a Francis Barrett also an inmate told him not to testify. Paxton stated that he was offered money not to testify against appellant. He also testified that he had been threatened by both appellant and some corrections officers once it was learned inside the jail that he was going to be a witness. Paxton testified as well that even though no offers had been made by the state in exchange for his testimony, he came forward because he did not think it was right to kill someone and brag about it.

The defense presented three witnesses, Quanita Muwwakkil, Evelyn Roulette, and Francis Barrett. Muwwakkil testified that even though she had been charged with the murder of Wayne Price, she did not know him and was unfamiliar with appellant but had seen his picture on television. She did not witness a shooting on that night according to her testimony. Evelyn Roulette's testimony essentially discredited her ex-husband. Her testimony was that her ex-husband had never been introduced by her to her roommate, that Roulette had not been to her apartment on the night in question, and that he was a liar who could not see without his glasses. Francis Barrett, who was in Cuyahoga County jail with Paxton, testified to discredit Paxton. He testified that his cell was next to Paxton's and he never saw or heard Paxton being threatened by either appellant or any corrections officers.

On August 3, 1990, a jury found appellant guilty of murder. The trial court sentenced appellant to serve a term of fifteen years to life, consecutive to a three-year term of actual incarceration pursuant to a firearm specification.

In an appeal consolidating two separate cases, appellant asserts four assignments of error that can be efficiently addressed together. They state:

"The verdict is against the weight of the evidence.

"The trial court erred by allowing prejudicial other acts evidence to be introduced to the jury.

"Prosecutorial misconduct throughout the trial and during final argument to the jury denied appellant his Fourteenth Amendment due process right to a fair and impartial trial.

"The trial court erred by denying appellant's motion for new trial."

These four assignments of error raise four central issues germane to this appeal. The first is whether the "other acts" evidence of the statement of implication which is "at least one other killing in Cleveland," appellant's drug involvement, and an alleged bribery attempt were improperly admitted into evidence, resulting in appellant receiving an unfair trial. The second is whether the prosecutor's conduct throughout the trial and during closing argument constituted improper conduct by the prosecutor that was unduly prejudicial to appellant, denying him a fair trial. The third issue is whether appellant's conviction is against the manifest weight of the evidence. The fourth is whether appellant should...